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Joseph, Lawyer

Category: Legal

Satisfied Customers: 5299

Experience: Attorney with significant and substantial experience in multiple areas of law.

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i have been a resident [owner] in a subdivision in FW, tx for

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i have been a resident [owner] in a subdivision in FW, tx for over 8 years. if i detail all that has happened as it relates to the hoa, i'd be typing until the cows came home. however, i hope my situation will be adequately laid out. here goes:

several months ago, there was a pretty severe storm that blew the back fence into smithereens. VERY shortly after, i attempted to contact the neighbor in the adjoining property to make arrangements for repair/replacement. the cc&r's clearly state that we are to equally share the cost for this repair.

i have sent individuals to the neighbor door, to ask that they contact me, to no avail. they either: would not answer the door [right after i've seen them in their yard], and the one time someone DID answer, my friend was advised, "that's not my fence, that's her fence!" when i received THAT response, it became obvious that this owner intended to shirk the responsibility. so, the stand-off began.....

some months later, i received a warning notice from the property management company citing the need for fence repair. i contacted the property management company, to apprise them of the situation, to include my attempts at resolution, AND, to inquire as to whether the neighbor at the adjoining property had also received notification.

it took more than TWO WEEKS before i was told [TWICE] that, "hmmmm. well, i see they HAD been cited, but it was closed out for some reason and the record does not say why it was closed". huh? mind you, to finally get THAT response, i was calling on a nearly daily basis as NO ONE returned my initial calls.

yet another long story short, someone at the management company FINALLY understood the need to send the neighbor a new notice. subsequently, the neighbor came to my home to discuss repairs. it was during this discussion that the neighbor indicated to me that they had no funds to cover their portion of the repairs/replacement. i suggested that they contact the management company and advise THEM of that. during this conversation, i told my neighbor that i was ready with my half of the costs at ANYTIME. i even told them that i knew a couple of sources who could do the work, which would save on labor costs. they declined the idea and said they'd rather make the repairs themselves. they said they would contact the management company, but, apparently never did.....

fast forward to more recent events, keep in mind i never let the matter drop; with the neighbor AND the mgt. co.

i get my quarterly assessment statement in the mail, and note that there is and additional $50. added to my fee. the statement merely described it as, "balance forward". i went to the board website to check for account, and the charge was noted as, "misc charge". that obviously told me nothing.

i sent the board a message, and received the following response: "Thank you for contacting the board. Have you called Select Mgmt yet to ask them about the charge? They are the ones who handle all billing of the resident accounts. They would be the place to start to see what the charge is from. Their number is (XXX) XXX-XXXX. If you need further assistance please let us know."

this morning, i contacted the management co. and was advised by accounting that the $50. charge is a FINE for the fence repair violation, but, if i had questions, i would have to talk to the "admin. department." i was then promptly transferred to.......VOICEMAIL. yes, i did leave a message, and called BACK and laft a message with someone who identified herself as the receptionist.

based on my past experience, i would venture to say i likely will NOT be getting a return call.

please do not suggest the i incur the TOTAL cost for repair/replacement. THAT, is not an option.

how do i get the management company off my back? i have done all that i can do to encourage the neighbor in the adjoining property to comply. i am on a fixed income, and therefore, afford litigation. i canNOT incur the total cost for the fence repair/replacement, and the cc&r's do NOT legally require that i do so.

1) You can refuse to pay the amount that the management company is requesting and force them to take you to court (if they are willing to do so), at which point you can bring up the CC&R's as a defense. Informing them that you are only liable to pay for half of the fence, which you are, and have been, completely willing to pay for.

2) You can sue your neighbor for indemnification for failing to pay his share of the fence in order to recover for his share of liability, since the management company is not complying with its own rules and regulations in getting the amount that is owed as his share of the fence replacement.

I hope the above information is helpful.

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